If you were a prosecutor getting ready to go to trial, just about the best evidence you could hope to have, other than a full confession from the main suspect, would be an eyewitness account, from a victim of the crime or someone who saw it transpire, identifying the defendant as the actual culprit. What could be better? No complex, hard-to-follow forensic data or indirect circumstantial evidence — just a clear-eyed, confident witness willing and able to pin the crime on the defendant.

Well, perhaps you’ve heard of the Innocence Project, a long-running non-profit affiliated with Yeshiva University’s Cardozo School of Law; it pioneered using DNA testing to test convictions handed down before genetic testing became widely used. The non-profit’s efforts have exonerated well over 300 persons, 18 on Death Row at the time, who had been found guilty of crimes genetic evidence now proves they did not commit. Those exonerated had been in prison an average of 13 years before the Innocence Project secured their release.

You probably haven’t heard, however, of the leading factor behind those erroneous convictions. The Innocence Project says that in about 75% of cases where it has exonerated a wrongly convicted prisoner, prosecutors had presented eyewitness testimony identifying the defendant as the guilty party in gaining the eventually-overturned conviction.

How could so many cases with eyewitness identifications have been in error? It turns out, there are many ways eyewitness testimony can be untrustworthy. Though most jury members might not realize it, studies have shown the degree of confidence that eyewitnesses exhibit in presenting their accounts has little or no relation with their accuracy. Of course, some cases may involve honest mistakes by the eyewitnesses.

In fact, juries usually believe eyewitness identifications are more accurate than decades of extensive scientific studies have been shown them to be. Leaving aside physical factors capable of impeding accurate perception — amount of light, distance, time to observe an unexpected or chaotic event, or vision shortcomings — research has shown many other factors can affect perception or memory, producing unreliable recollections.

These include: trauma or stress caused at the time of the perceived threat or in recalling it; witnesses’ tendency, when a weapon is present, to focus on it rather than anything else; and even a documented “cross-race impairment,” which makes it more difficult for eyewitnesses to identify members of other races. Many of these studies were summarized in a National Academy of Sciences study issued last October on factors affecting reliability of eyewitness testimony.

That study also examined the ways eyewitnesses’ memories can be affected by the criminal investigation process. Police investigative techniques, like witness questioning and identification line-ups, can reshape witness perceptions, unless handled carefully. That’s why some states and cities have adopted research-validated best practices for them, to prevent influencing witness recollections.

To date, 22 states have adopted laws or rules requiring police to videotape portions of eyewitness interrogations in which an identification is made, and 10 have put in place measures to regulate line-up procedures for identification witnesses (federal courts have had such guidelines for identification line-ups since 1999).

Gov. Cuomo supported a measure in 2013 that would have mandated that police tape witness identifications in major crime investigations and would have set procedures for identification line-ups, but the state legislature did not send it to him.

The client was charged with driving while impaired by drugs. We showed the DA’s office the client suffered from hyperkalemia, a medical condition caused by an elevated level of potassium which can cause fatigue, lethargy and confusion. All charges were dismissed.

Client was charged with Robbery in the Second Degree. He was with a friend who robbed a person sitting in a parked car. We were able to show the DA’s office that our client had no knowledge of his friends intent. We were able to get the felony reduced to a Disorderly Conduct which is a non criminal offense.

Client was charged with Criminal Posession of a Weapon and was facing a minimum of three and one half years. During an evidentiary hearing we were able to show that the police confuted an illegal search the gun was suppressed and the charge was dismissed.

Client was charged with Grand Larceny. It was her 7th arrest during the previous 10 years. The DA’s office was not offering a reduced charge and was requesting jail time. We got the client involved in a work and parenting program and were able to secure a plea to a misdemeanor without jail or probation.

Client was charged with Unlawful Surveilence. After his plea of guilty it was a discretionary decision to be made by the court as to weather he had to register as a sex offender. Through our efforts we were able to have him sentenced without having to register.

Client Testimonials

"I can’t thank Scott enough for helping me. I had never been arrested before and found myself in the middle of a nightmare. I was arrested for and charged with criminal Mischief in the Third degree which is a class E Felony. Scott was first able to get the charge reduced to a misdemeanor. He was then able to see that the case was completely dismissed."

T.T.Charged with Felony Assault and Criminal Mischief in Queens County

"Scott Limmer is a very knowledgeable Nassau County NY lawyer and has been extremely helpful to me and my family over 8 months of court. He knows how to handle the ADA and his tenacity has been untiring. The quality of his work is in the ending of the case, with justice being served and correct. We are very fortunate and thankful to have found Scott Limmer to represent us. Thank you Scott and God Bless"

F.L.Arrested for Robbery in the Second Degree in Nassau County

"Scott Limmer is a man of his word and an attorney with integrity above reproach. When one needs a criminal attorney it is usually the most harrowing time of your life. Scott Limmer makes a horrible situation easier. He speaks in layman’s terms and explains your situation every step of the way. He keeps the costs to a minimum and delivers beyond expectations. I would recommend choosing Scott Limmer as your attorney hands down."

A.O.Arrested for Suffolk County Felony

"I was arrested for a felony Mr. Limmer would not agree to any of the offered plea bargains. He was able to get the case dismissed. I can’t thank him enough for his hard work and professionalism."

D.D.Arrested for Falsifying Business Record in the First Degree in Nassau

"Scott helped me thru a very difficult 20 months of navigating thru the Nassau county legal system. His advice was on the money from the start to the end. Amicable, tenacious and knowledgeable, just some of the words to describe him…In the end I credit his guidance in helping me get the just court decision…But then again he knew the outcome….thanks Scott…we remain in touch to this day and my case was over almost two years ago…"

T.C.Arrested for Assault in the Third Degree in Nassau County

"Helped me thoroughly with all my traffic dealings. He is my go to guy for my company. Scott is the best."